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Affidavit In support of Motion in Limine to Preclude any Evidence of...

Nebraska Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI

Q: What is the implied consent law in Nebraska?

Under Nebraska&#039;s implied consent law, any person who operates or is in &quot;actual physical control&quot; of a motor vehicle is deemed to have given consent to a preliminary breath test (PBT) (a breath test conducted at the roadside) and a chemical test of breath, blood, and/or urine.

Category:

Civil Actions - Driving under the Influence

State:

Multi-State

Control #:

US-02216BG

Format:

Instant download

Description

The purpose of the breathalyzer test is to measure a person's blood alcohol content (BAC). The Breathalyzer, which is the most commonly used BAC tester today, was invented in 1954. It detects and measures the level of alcohol on a person's breath with the use of a chemical reaction. A Breathalyzer test kit contains several vials of chemicals of differing colors that change color when they come into contact with alcohol. The color changes indicate the amount of alcohol.

Breathalyzer test results can be challenged in court; it is possible for a law enforcement officer to administer the test incorrectly. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Affidavit In Support Of Motion In Limine To Preclude Any Evidence Of Breathalyzer Test - DUI?

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Any person who refuses to submit to such preliminary breath test or whose preliminary breath test results indicate an alcohol concentration in violation of section 60-6,196 shall be placed under arrest. Any person who refuses to submit to such preliminary breath test shall be guilty of a Class V misdemeanor.

Felony DUI in Nebraska If a driver has been convicted of three DUIs within 15 years, any subsequent conviction within that time period will be an automatic felony DUI . The consequences of a felony DUI are severe, including a mandatory 180 day minimum jail sentence, a 15-year license revocation, and more.

In Nebraska, prosecutors can charge a defendant with an aggravated DUI if their BAC is measured at 0.15 or higher. This is a more serious criminal offense and prosecutors tend to be highly aggressive when bringing aggravated DUI charges.

Zero Tolerance ? Nebraska .02 Law The Nebraska . 02 law or ?zero tolerance law? is a law to prevent minors from drinking and driving. Under the law, minors (defined as anyone under age 21) are prohibited from driving with more than . 02 grams of alcohol per 100 milliliters of blood or 210 liters of breath.

The penalties for driving under the influence in Nebraska are determined by whether or not you have any prior offenses and high your blood alcohol test results were. The legal limit in Nebraska is . 08 and a . 15 and above is considered an aggravated DUI, meaning the penalties are more severe.

Blood Alcohol Concentration (BAC) Limits in Nebraska In Nebraska, if a driver's BAC reaches 0.08% or higher, the person is driving while intoxicated. This is called a "per se" BAC limit DUI law which means that no other evidence is needed to support a DUI conviction.

Under Nebraska's implied consent law, any person who operates or is in "actual physical control" of a motor vehicle is deemed to have given consent to a preliminary breath test (PBT) (a breath test conducted at the roadside) and a chemical test of breath, blood, and/or urine.

Nebraska Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI

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How to fill out Affidavit In Support Of Motion In Limine To Preclude Any Evidence Of Breathalyzer Test - DUI?

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Can you refuse a breathalyzer test in Nebraska?

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Is a DUI .15 or higher in Nebraska?

Is Nebraska a zero tolerance state?

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What is the implied consent law in Nebraska?

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Nebraska Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI

Description

Related forms

Viewed forms

How to fill out Affidavit In Support Of Motion In Limine To Preclude Any Evidence Of Breathalyzer Test - DUI?

Form popularity

FAQ

Can you refuse a breathalyzer test in Nebraska?

What is considered a felony DUI in Nebraska?

Is a DUI .15 or higher in Nebraska?

Is Nebraska a zero tolerance state?

How does DUI work in Nebraska?

What is the DUI limit in Nebraska?

What is the implied consent law in Nebraska?

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